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Constitutional Court of Zambia - 2022 September

5 judgments
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5 judgments
September 2022
Chilufya v Ng'andwe and Anor (CCZ/A 32 of 2021) [2022] ZMCC 21 (29 September 2022)
Whether campaign development projects constituted bribery nullifying the election; costs order set aside for lack of adverse finding.
  • Electoral law — bribery (s.81 EPA) — nullification threshold (s.97(2)(a)) — burden and standard of proof in election petitions — materiality requirement — costs in election petitions require finding of vexatious conduct.
29 September 2022
Kachize Phiri and Anor v Electoral Commission of Zambia (CCZ/A 4 of 2022) [2022] ZMCC 22 (23 September 2022)
Whether a parliamentary election appeal was competently before the Constitutional Court after High Court leave to appeal out of time was granted.
  • Constitutional Court — Election appeals — Appellate jurisdiction under Article 128(1)(d) — Leave to appeal out of time — Competence of appeal — Relevance of single-Judge proceedings under separate cause number — Preliminary jurisdictional objections dismissed.
23 September 2022
Ndhlovu and Ors v Road Development Agency (CCZ 5 of 2022) [2022] ZMCC 20 (21 September 2022)
Failure to prove that contractual gratuities are statutory "pension benefits" defeats constitutional payroll-retention protection under Article 189.
  • Constitutional law — Article 189 & 266 — "pension benefit" definition — gratuity vs pension — requirement to show statutory pension entitlement; employment law — payroll retention pending pension payment; jurisdiction — IRD competence and forum shopping.
21 September 2022
Tembo (Suing in his capacity as party President of the Patriots for Economic Progress) v Electoral Commission of Zambia (CCZ 2 of 2022) [2022] ZMCC 19 (20 September 2022)
Petition dismissed for failure to plead the specific constitutional contravention; Court did not decide whether re-payment of nomination fees was permissible.
  • Constitutional procedure — Electoral law — Article 52(6) (cancellation of election) — nomination fees — Constitutional Court jurisdiction — pleadings requirement under Order IV Rule 1(2) — petition must expressly state the constitutional provision alleged to be violated — skeleton arguments cannot amend deficient pleadings.
20 September 2022
Malanji and Anor v Attorney General and Anor (CCZ 18 of 2022) [2022] ZMCC 18 (7 September 2022)
Article 72(4) bars only those who caused vacancies in the specific instances listed in Article 72(2); judicial nullification is excluded.
  • Constitutional law — Interpretation of Article 72(4) — "Causing a vacancy" — Distinction between nullification and disqualification — Mode of commencement: Originating Summons vs election petition; Electoral Commission nominations.
7 September 2022